The ASU has been advised that some community service organisations are directing employees to take annual or other accrued leave over the Christmas/New Year period.
Employees covered by the Social, Community, Home Care and Disability Services Award 20210 (SCHADS) or the National Employment Standards underpinning the Award can not be directed to take annual leave during a shut down period.
An employee can still agree to take annual leave, annual leave in advance or unpaid leave during a shutdown.
However, if you don’t agree, you should be paid your ordinary pay rate for the shutdown. You can’t be forced to take unpaid leave.
For ASU members covered by an Enterprise Agreement (EA), whether you can be forced to take leave during a shutdown will depend on your EA. To find out if your employers direction to take leave is lawful or not, contact your ASU Delegate or the ASU Member Contact Centre on 1300 855 570
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